2021-17208. Spire STL Pipeline LLC; Notice of Application and Establishing Intervention Deadline

Take notice that on July 26, 2021, Spire STL Pipeline, LLC (Spire), 700 Market Street, St. Louis, Missouri 63101, filed an application under section 7(c)(1)(B) of the Natural Gas Act (NGA),^[1] and Part 157 of the Commission's regulations ^[2] requesting that the Commission issue a temporary certificate of public convenience and necessity for the Spire STL Pipeline Project (STL Pipeline) ^[3] to assure maintenance of service to Spire's customers while the Commission addresses the issues on remand from the U.S. Court of Appeals for the District of Columbia Circuit's June 22, 2021 decision in Environmental Defense Fund v. FERC.^[4] In the alternative, Spire requests that the Commission issue a limited-term certificate, extending through the remand proceedings.

In addition to publishing the full text of this document in the Federal Register, the Commission provides all interested persons an opportunity to view and/or print the contents of this document via the internet through the Commission's Home Page (http://ferc.gov) using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. At this time, the Commission has suspended access to the Commission's Public Reference Room, due to the proclamation declaring a National Emergency concerning the Novel Coronavirus Disease (COVID-19), issued by the President on March 13, 2020. For assistance, contact the Federal Energy Regulatory Commission at [e-mail] or call toll-free, [phone] or TYY, [phone].

Any questions regarding the proposed project should be directed to Sean P. Jamieson, General Counsel, Spire STL Pipeline LLC, 3773 Richmond Ave., Suite 300, Houston, Texas 77046 or by phone at [phone] or email at [e-mail].

Public Participation

There are two ways to become involved in the Commission's review of this application: You can file comments on Spire's application, and you can file a motion to intervene in the proceeding. There is no fee or cost for filing comments or intervening. The deadline for filing a motion to intervene is 5:00 p.m. Eastern Time on September 7, 2021.

Comments

Any person wishing to comment on Spire's application may do so. Comments may include statements of support or objections to the application. You are also encouraged to review the data request issued by the Commission in this proceeding on August 6, 2020, and include in your filing any comments responding to the questions raised in the data request.^[5] The deadline for submitting initial comments is September 7, 2021, with reply comments due by October 5, 2021.

There are three methods you can use to submit your comments to the Commission. In all instances, please reference the project docket number (CP17-40-007) in your submission.

(1) You may file your comments electronically by using the eComment feature, which is located on the Commission's website at www.ferc.gov under the link to Documents and Filings. Using eComment is an easy method for interested persons to submit brief, text-only comments on a project;

(2) You may file your comments electronically by using the eFiling feature, which is located on the Commission's website (www.ferc.gov) under the link to Documents and Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on “eRegister.” You will be asked to select the type of filing you are making; first select “General” and then select “Comment on a Filing”; or

(3) You can file a paper copy of your comments by mailing them to the following address below. Your written comments must reference the Project docket number (CP17-40-007).

To mail via USPS, use the following address: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

To mail via any other courier, use the following address: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.

The Commission encourages electronic filing of comments (options 1 and 2 above) and has eFiling staff available to assist you at [phone] or [e-mail].

The Commission considers all comments received about the project in determining the appropriate action to be taken. However, the filing of a comment alone will not serve to make the filer a party to the proceeding. To become a party, you must intervene in the proceeding. For instructions on how to intervene, see below.

Interventions

Any person, which includes individuals, organizations, businesses, municipalities, and other entities,^[6] has the option to file a motion to intervene in this proceeding. Only intervenors have the right to request rehearing of Commission orders issued in this proceeding and to subsequently challenge the Commission's orders in the U.S. Circuit Courts of Appeal.

To intervene, you must submit a motion to intervene to the Commission in accordance with Rule 214 of the Commission's Rules of Practice and Procedure ^[7] and the regulations under the NGA ^[8] by the intervention deadline for the project, which is September 7, 2021. As described further in Rule 214, your motion to intervene must state, to the extent known, your position regarding the proceeding, as well as your interest in the proceeding. For an individual, this could include your status as a landowner, ratepayer, resident of an impacted community, or recreationist. You do not need to have property directly impacted by the project in order to intervene. For more information about motions to intervene, refer to the FERC website at https://www.ferc.gov/​resources/​guides/​how-to/​intervene.asp.

There are two ways to submit your motion to intervene. In both instances, please reference the project docket number (CP17-40-007) in your submission.

(1) You may file your motion to intervene by using the Commission's eFiling feature, which is located on the Commission's website (www.ferc.gov) under the link to Documents and Filings. New eFiling users must first create an account by clicking on “eRegister.” You will be asked to select the type of filing you are making; first select “General” and then select “Intervention.” The eFiling feature includes a document-less intervention option; for more information, visit https://www.ferc.gov/​docs-filing/​efiling/​document-less-intervention.pdf.;​; or

(2) You can file a paper copy of your motion to intervene, along with three copies, by mailing the documents to the address below. Your motion to intervene must reference the project docket number (CP17-40-007).

To mail via USPS, use the following address: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

To mail via any other courier, use the following address: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.

The Commission encourages electronic filing of motions to intervene (option 1 above) and has eFiling staff available to assist you at [phone] or [e-mail].

Motions to intervene must be served on the applicant either by mail or email at: 3773 Richmond Ave., Suite 300, Houston, Texas 77046 or at [e-mail].

Any subsequent submissions by an intervenor must be served on the applicant and all other parties to the proceeding. Contact information for parties can be downloaded from the service list at the eService link on FERC Online. Service can be via email with a link to the document.

All timely, unopposed ^[9] motions to intervene are automatically granted by operation of Rule 214(c)(1).^[10] Motions to intervene that are filed after the intervention deadline are untimely, and may be denied. Any late-filed motion to intervene must show good cause for being late and must explain why the time limitation should be waived and provide justification by reference to factors set forth in Rule 214(d) of the Commission's Rules and Regulations.^[11] A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies (paper or electronic) of all documents filed by the applicant and by all other parties.

Tracking the Proceeding

Throughout the proceeding, additional information about the project will be available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC website at www.ferc.gov using the “eLibrary” link as described above. The eLibrary link also provides access to the texts of all formal documents issued by the Commission, such as orders, notices, and rulemakings.

In addition, the Commission offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. For more information and to register, go to www.ferc.gov/​docs-filing/​esubscription.asp.

Intervention Deadline: 5:00 p.m. Eastern Time on September 7, 2021.

Dated: August 6, 2021.

Debbie-Anne A. Reese,

Deputy Secretary.

Footnotes

1.  15 U.S.C. 717f(c)(1)(B) (2018).

2.  18 CFR 157.17 (2020).

3.  Spire STL Pipeline LLC, 164 FERC ¶ 61,085 (2018) (Certificate Order), order amending certificate, 169 FERC ¶ 61,074, order on reh'g, 169 FERC ¶ 61,134 (2019) (Rehearing Order).

4.  Environmental Defense Fund v. FERC, 2 F.4th 953 (D.C. Cir. 2021).

5.  This document is available on eLibrary under the following accession number: 20210806-3036. To view this document visit: https://elibrary.ferc.gov/​eLibrary/​filedownload?​fileid=​15841891.

6.  18 CFR 385.102(d).

7.  18 CFR 385.214.

8.  18 CFR 157.10.

9.  The applicant has 15 days from the submittal of a motion to intervene to file a written objection to the intervention.

10.  18 CFR 385.214(c)(1).

11.  18 CFR 385.214(b)(3),(d).